#### § 665.818 Exemptions for American Samoa large vessel prohibited areas.

(a) *Exemption for historical participation.*

(1) An exemption will be issued to a person who currently owns a large vessel to use that vessel to fish for western Pacific pelagic MUS in the American Samoa large vessel prohibited areas, if the person seeking the exemption had been the owner of that vessel when it was registered for use with a Western Pacific general longline permit, and has made at least one landing of western Pacific pelagic MUS in American Samoa on or prior to November 13, 1997.

(2) A landing of western Pacific pelagic MUS for the purpose of this paragraph must have been properly recorded on a NMFS Western Pacific Federal daily longline form that was submitted to NMFS, as required in § 665.14.

(3) An exemption is valid only for a vessel that was registered for use with a Western Pacific general longline permit and landed western Pacific pelagic MUS in American Samoa on or prior to November 13, 1997, or for a replacement vessel of equal or smaller LOA than the vessel that was initially registered for use with a Western Pacific general longline permit on or prior to November 13, 1997.

(4) An exemption is valid only for the vessel for which it is registered. An exemption not registered for use with a particular vessel may not be used.

(5) An exemption may not be transferred to another person.

(6) If more than one person, e.g., a partnership or corporation, owned a large vessel when it was registered for use with a Western Pacific general longline permit and made at least one landing of western Pacific pelagic MUS in American Samoa on or prior to November 13, 1997, an exemption issued under this section will be issued to only one person.

(b) *Exemption for vessel size.* Except as otherwise prohibited in subpart I of this part, a vessel of any size that is registered for use with a valid American Samoa longline limited access permit is authorized to fish for western Pacific pelagic MUS within the American Samoa large vessel prohibited areas as defined in § 665.806(b), except that no large vessel as defined in § 665.12 may be used to fish for western Pacific pelagic MUS in the portions of the American Samoa large vessel prohibited areas, as follows:

(1) EEZ waters around Tutuila Island enclosed by straight lines connecting the following coordinates (the datum for these coordinates is World Geodetic System 1984 (WGS84)):

| Point | S. lat. | W. long. |
| --- | --- | --- |
| TU-1 | 14°01′42′′ | 171°02′36′′ |
| TU-2 | 14°01′42′′ | 170°20′22′′ |
| TU-3 | 14°34′31′′ | 170°20′22′′ |
| TU-4 | 14°34′31′′ | 171°03′10′′ |
| TU-5 | 14°02′47′′ | 171°03′10′′ |
| TU-1 | 14°01′42′′ | 171°02′36′′ |

(2) EEZ waters around the Manua Islands enclosed by straight lines connecting the following coordinates (WGS84):

| Point | S. lat. | W. long. |
| --- | --- | --- |
| MA-1 | 13°57′16′′ | 169°53′37′′ |
| MA-2 | 13°57′16′′ | 169°12′45′′ |
| MA-3 | 14°28′28′′ | 169°12′45′′ |
| MA-4 | 14°28′28′′ | 169°53′37′′ |
| MA-1 | 13°57′16′′ | 169°53′37′′ |

(3) EEZ waters around Swains Island enclosed by straight lines connecting the following coordinates (WGS84):

| Point | S. lat. | W. long. |
| --- | --- | --- |
| SW-1 | 10°50′42′′ | 171°17′42′′ |
| SW-2 | 10°50′42′′ | 170°51′39′′ |
| SW-3 | 11°16′08′′ | 170°51′39′′ |
| SW-4 | 11°16′08′′ | 171°17′42′′ |
| SW-1 | 10°50′42′′ | 171°17′42′′ |

[81 FR 5626, Feb. 3, 2016, as amended at 82 FR 43909, Sept. 20, 2017; 86 FR 36240, July 9, 2021]